1. How long is the disclosure period for an invention patent?
There is no publicity period procedure in the field of invention patents. There is such a procedure for trademarks.
What you are referring to is that invention patents are automatically published 18 months after application and do not require substance after 3 years. Review is regarded as a withdrawal process.
In fact, whether you actively request disclosure before 18 months or automatically disclose it after 18 months, as long as you make it public, it will remain public. , regardless of whether you withdraw it.
2. Can others cancel my patent during the period from the publicity period to the date of authorization?
Any person’s opinions to the Patent Office regarding an invention patent application that does not comply with the provisions of the Patent Law shall be stored in the application file for consideration by the examiner during the substantive examination. Public comments need not be considered if they are received after the examiner issues a notice of grant of patent rights. The Patent Office does not need to notify the public who submitted the opinions regarding its handling of public opinions.
If other people’s opinions are really well-founded, they can prevent you from authorizing them before you authorize them.
From the date when the Patent Administration Department of the State Council announces the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.
If someone else’s reasons for invalidation are indeed valid, your patent can be invalidated after you authorize it.
3. Will it be protected if someone infringes upon it at this time?
After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees.
If you do not pay, you can only file a lawsuit after authorization. Pay attention to the calculation of the statute of limitations.